Andrew Cuomo: Crack down on doctors facing felonies

A 30-day amendment to the budget would suspend medical practices for physicians who are charged with a felony.

Natasha Vaughn / Albany Bureau

ALBANY — Gov. Andrew Cuomo is backing a proposal that would make it easier for New York to crack down on doctors who are charged with a crime.

The Democratic governor said this week he will attach an amendment to his $162 billion state budget proposal that would allow the state Department of Health to immediately stop a physician from practicing if they are charged with a felony that presents a public risk.

Larry Nassar sits with attorney Matt Newburg during his sentencing hearing Wednesday in Lansing, Michigan. The former sports doctor who admitted molesting some of the nation's top gymnasts for years was sentenced Wednesday to 40 to 175 years in prison as the judge declared: "I just signed your death warrant." The sentence capped a remarkable seven-day hearing in which scores of Nassar's victims were able to confront him face to face in the Michigan courtroom.

Carlos Osorio/AP

The suspension would remain in effect at least until a legal hearing that must occur within 90 days.

The proposal comes after the recent sentencing of Larry Nassar, the former USA Gymnastics team doctor who pleaded guilty to multiple counts of sexual misconduct and was accused by more than 150 people of sexual abuse.

"This type of physician misconduct is a vile violation of trust,” Cuomo said in a statement. “Recent revelations of abuse demonstrate that we must act to crack down on this appalling behavior, protect victims and hold those who commit these crimes fully accountable."

Cuomo's amendment would also allow the state health commissioner to obtain a warrant from a judicial officer to search an accused physicians home, work and belongings for evidence relevant to a misconduct case.

Under current law, a conviction is generally needed before a doctor can have its practicing rights suspended related to a crime. The proposed legislation would allow for a suspension after a charge is levied if the state determines there's a public risk.

“Current state law restricts the Department's ability to take decisive action when physicians violate the law and abuse the trust of their patients," state Health Commissioner Howard Zucker said.

In 2017, there were 362 instances of professional misconduct where disciplinary actions were taken against a physician, according to the Department of Health.

The amendment is one of several Cuomo has said he make to his state budget proposal, which often includes policy measures unrelated to state spending. He faces a Thursday deadline to make initial changes.

Along with the doctor measure, Cuomo on Wednesday proposed an amendment that would explicitly prohibit police officers from having sexual contact with someone in their custody.

Under current law, an inmate cannot legally give consent to sexual activity with a corrections or probation officer. But the law does not extend to someone in custody of a police officer.

"This bill would amend state law to ensure that incidents of sexual contact between a police officer and someone under arrest, temporarily detained, or otherwise subject to law enforcement activity would also be prohibited under the penal code," according to a sponsor's memo attached to the Assembly bill.